The Emergence of Early Disposition Procedures in International Arbitration

Abstract

International arbitral institutions have begun adding early disposition procedures to their rules. This began as a trickle in 2006 when the ICDR became the first institution to add an early disposition rule. It has turned into a flood, with seven major institutions adding procedures in the past five years. There are important differences among the early disposition procedures adopted by various institutions, but those procedures share certain characteristics. They generally impose a high standard of review that must be satisfied to obtain early disposition. Further, many institutions’ procedures are limited in the types of issues that can be raised and the time within which an application for early disposition must be made and disposed of. The absence of early disposition procedures has long been a weakness of international arbitration. The advent of these procedures is one of the most significant shifts in international arbitration procedure in recent memory. This article charts the emergence to early disposition procedures and the arguments for and against them. It reviews the procedures adopted to date and compares them with one another. Finally, it concludes with some reflections on current early disposition procedures and ideas for their further development.